FL Small Business Owner sues Governor Scott & AG Bondi for $18 million

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This is Part I of a series of investigative reports we are publishing on the Florida Department of Revenue (FLDOR), the mandated unemployment business tax and a lawsuit by Florida small businessman Don Baldauf. We will examine the potential impact of this lawsuit on taxation and regulation in the sunshine state.

Governor Rick Scott at his first inaugural address stated that the axis of unemployment are taxation, regulation and litigation. Governor Scott has traveled the state to promote his pro-growth and pro-small business agenda. Governor Scott said, “Job creation is an absolute mission.”

So why are Florida Governor Rick Scott, Attorney General Pam Bondi, 12th Circuit Court Judge K. Douglass Henderson and twenty-three others defendants named in an $18 million lawsuit brought by Don Baldauf a small business owner?

Baldauf states, “I am suing because I have been deprived of my US Constitution Seventh Amendment rights as a Florida small businessman. Each and every one named as defendants is accused of taking part in preventing me from settling this taxation controversy with the State of Florida by invoking my right to a jury trial. What reason was I given for not being able to exercise my right to a trial by jury? Because King George III says I do not have that right. Yep, according to some of the plaintiffs 1776 never happened!” Baldauf started a website titled JuryTrialRights.com where interested individuals may view the lawsuit and related documents.

The Seventh Amendment states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Background:

Florida has no state income tax, yet all Florida businesses, including sole proprietorships, must file a quarterly income tax return and pay unemployment taxes to the FLDOR.

According to the Florida Department of Revenue website, “Corporations and artificial entities that conduct business, or earn or receive income in Florida, including out-of-state corporations, must file a Florida corporate income tax return unless exempt. They must file a return, even if no tax is due. Sole proprietorships, individuals, estates of decedents, and testamentary trusts are exempted and do not have to file a return.”

Baldauf is the sole proprietor of Epitome Systems, a certified alarm system contractor and Florida “S” corporation. Baldauf was licensed in 2004 and Epitome Systems is headquartered in Bradenton, FL. According to the Digital Media Law Project website on sole proprietorship in Florida, “If you have four or more employees in Florida, you must carry workers’ compensation insurance.” But all Florida business regardless of the number of employees must pay Florida unemployment insurance.

Baldauf is mandated by the FLDOR to pay unemployment taxes, for which Florida is the only provider. Additionally, should Baldauf close Epitome Systems he cannot collect unemployment insurance until he finds a new job or starts another company. According to Baldauf, “As I understand it when Congress expanded unemployment benefits the state had to borrow money from Washington with interest. So when I and all other Florida corporations pay the unemployment tax a portion of that is used to pay the interest on the loan that Florida has with the federal government.”

Jim Stratton in his July 2012 Orlando Sentinel column “Florida owes federal government $700 million for jobless benefits” wrote, “Florida businesses owe the federal government almost $700 million borrowed to make unemployment payments during the past three years. Each year the balance remains unpaid, the amount employers pay on their federal unemployment tax increases slightly. They are already paying 0.6 of a percentage point more per employee than before the recession.”

Medical Office Resources of Florida reported:

“The Governor of Florida has signed the legislative bill [in 2012] which changes the Florida state unemployment tax paid by Florida employers to an $8,000 taxable wage base and rates now range from 1.51% to 5.40%.  The new company rate will remain at 2.70%.

The good news is that the proposed taxable wage base per employee is $8,000; $500 less than the 2012 proposed limit.  This is still a $1,000 increase per taxable wage base per employee from last year.

Additional good news is that the tax rates range from 5.40% to 1.51%.  The proposed lowest rate for 2012 was 2.02%, but it has been decreased to 1.51%.  The 2011 highest rate of 5.4% remains the same, but the lowest rate is now 1.51%.  However, this will adversely impact your tax amount if your current rate is less.”

In 1992 the Florida legislature passed a Taxpayers Bill of Rights, which states, “The Department of Revenue is responsible for administering the tax laws of Florida in a fair and efficient manner. Promoting voluntary compliance, which ensures that all taxpayers pay their applicable taxes, is an important part of the Department’s mission. The Department also has an obligation to monitor compliance and to take action when taxpayers fail to comply with relevant tax laws. The provisions in the Taxpayer’s Bill of Rights protect taxpayers’ privacy and assets during any actions taken by the Department of Revenue.”

Baldauf has been through a series of administrative processes, telephone conversations, exchanges of documents with the FLDOR and a 12th Circuit Court hearing since April of 2011 to try to settle his case. All to no avail.

Part II of our investigative report will look at the fairness and efficiency of the administrative process to address Baldauf’s original complaint. WDW – FL in Part III will look at how the FLDOR took action against Baldauf, the taxpayer who refused to comply with relevant tax laws. Part IV will look at the potential impact on Florida businesses should Baldauf succeed in his lawsuit.

RELATED VIDEO: Governor Rick Scott speaks about unemployment taxes in 2010. Video courtesy of WTSB Channel 10 News, Tampa Bay:

Exclusive Interview with Candidate Richard DeNapoli (FL-Dist. 74)

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WDW sat down with Richard DeNapoli, candidate for FL-District 74. As the 2014 election cycle heats up it is important for voters to know the candidates. WDW will continue to interview candidates and elected officials to educate voters.

DeNapoli served as a prosecutor in Orange County, Florida for a short time after law school, prosecuting third degree felonies, before returning to South Florida to care for his grandmother when his grandfather passed away in June 2003.

In addition to being a Licensed Attorney, Realtor, Mortgage Broker and Notary, DeNapoli is also a Certified Financial Planner. He worked as a Trust and Investment Officer for five years at Northern Trust on a team with $1.8 Billion assets under management providing services to high net worth individuals. Prior to joining Northern Trust, DeNapoli had a successful law practice.

What sets DeNapoli apart is his work in Broward County, FL to insure voters rights are protected.

In November 2011 DeNapoli sent an open letter to Dr. Brenda C. Snipes, the Supervisor of Elections in Broward County, about early voting locations. DeNapoli, the then Chair of the Broward Republican Executive Committee (BREC), found that all of the Broward County early voting locations were in heavily Democratic areas. DeNapoli in his letter noted, “Research in numerous scholarly journals has shown that the greater the distance from a voting site, the greater exists the likelihood of non voting. The incidence of early voting is highly sensitive to the location of the early voting location.” Due to his efforts one of seventeen early voting locations was placed in a heavily Republican location.

But DeNapoli was not finished.

In May 2012 DeNapoli and BREC officials, “[C]onducted a search of the Social Security Death Index (“SSDI”) for Broward County for the 2011 calendar year as obtained through www.GeneaologyBank.com.  The search was conducted from May 13-19, 2012.  The results revealed that 9,960 Broward County residents had passed away during the 2011 calendar year.  BREC officials then checked 2,100 of these names without regard to party registration against the Broward SOE’s website: 481 deceased individuals cross referenced by name, birth date, city or zip code were still listed as “active” voters according to the Broward SOE. This is 23 percent of the deceased persons examined.” The featured photo above is of DeNapoli holding the stack of dead voter registrations in Broward. Photo courtesy of the BREC.

It is always interesting and notable to see any political party or politician scrub the voter roles of dead people – Republicans and Democrats alike.

Danita Kilcullen, TEA Party Fort Lauderdale, sent this comment to WDW – FL, “Richard DeNapoli was a fantastic Chairman of the Broward Republican Executive Committee.  He brought tens and tens of new memberships and put his own money where his mouth is. Especially memorable was the evening when CAIR’s South Florida Leader, Nasar Hamze, after months of heckling and creating chaos at Allen West’s Town Hall meetings, decided he would join BREC.  What Richard did to prevent this was maverick and read much like a Perry Mason courtroom drama.  When he tells you he’ll fight for you, that is exactly what he does.”

To learn more about Richard DeNapoli click here.

EDITORS NOTE: WDW will be keeping an eye on those running for public office in Florida. Stay tuned.

Study: Florida’s Marginal Tax Rate at 42.6% – Ouch!

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This week the Tax Foundation is featuring two new maps which pull data from a Fiscal Fact released last week, “Individual Tax Rates Impact Business Activity Due to High Number of Pass-Throughs,” and look at the top marginal tax rates for sole proprietorships and S-corporations throughout the states. In his study, economist Kyle Pomerleau explains that more than 30 million pass-through businesses file their taxes at the individual rate, and why a large percentage of those businesses have a marginal tax rate exceeding 40 percent.

According to the Tax Foundation: The map [above] is not examining the effective rates of businesses in the top bracket, but rather, the top marginal tax rate on (S-Corporations/Sole Proprietorships) in each state. A “marginal” rate is the amount that is taxed of the next dollar of income earned by pass-through businesses in each state’s highest tax bracket. These rates reflect the sum of federal, state, and local income taxes (minus the state and local tax deduction); self-employment taxes; and the limitation on itemized deductions.

View the Tax Foundation map archive here.

ABOUT THE TAX FOUNDATION:

Founded in 1937, the Tax Foundation is the nation’s leading independent, non-partisan organization providing sound research and analysis on federal and state tax policy. The Tax Foundation is a 501(c)(3) non-profit and our offices are located in the National Press Building in Washington, DC.

Coalition formed to repeal the 16th Amendment

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A broad coalition of national organizations, hosted and managed by Competitive Governance Action, whose initial members include Americans For Fair Taxation®, Tea Party Patriots, Free Market America and Americans for Limited Government, announced a joint effort called “Repeal 16: A Coalition to Repeal the 16th Amendment.”

The coalition’s message to Washington lawmakers is straightforward: End the current corrupting tax system and the IRS.

Cynthia T. Canevaro, Executive Director Americans For Fair Taxation

Cynthia T. Canevaro, Executive Director, Americans For Fair Taxation, in an email states, “As FairTax supporters we know how the current tax code has corrupted our economy, our political system, small businesses and the livelihood of countless American citizens.  This summer’s scandalous revelations of IRS abuses are just the latest example of how the IRS, for 100 years, has systematically violated the fiduciary trust given to it by the American people.”

“Although there have been numerous hearings and calls for action, it has turned out to be much ado about nothing because the current tax code is, in reality, an incumbent Member’s delight.  Why? Because it enables the status quo to maintain complete control over you the taxpayer,” notes CGA.

According to CGA, “Repealing the 16th Amendment will allow citizens from all political perspectives to finally have an open, transparent and honest debate about comprehensive tax reform, without getting bogged down on which plan is best. Repeal 16 will finally give supporters of fundamental tax reform a neutral vehicle to address the most pressing issue of the day – eliminating the IRS and Repealing the 16th Amendment.”

Canevaro states, “While supporting the coalition, Americans For Fair Taxation will continue to proudly and aggressively advocate the FairTax Plan as the only viable choice for fundamental tax reform.  With a successful Repeal 16 campaign, we know the FairTax Plan will now be in a position to be the tax reform plan of choice for elected officials and the American people who want jobs and economic growth.”

A repeal petition has been posted at www.Repeal16.org for those who see the IRS and income tax as a a threat to American prosperity. The coalition’s initial goal is to recruit 10,000 Americans to sign the petition. “With Congress coming back into session this week, timing is of the essence”, notes Canevaro.

Canevaro, states, “We are excited about the opportunities the new Repeal 16 coalition will bring to the FairTax, and look forward to being on coalition team.”

ABOUT COMPETITIVE GOVERNANCE ACTION

Competitive Governance Action is a 501(C)(4) organization committed to education and advocacy to manifest the concept that problems should be solved by the smallest, least centralized, most local authority that may effectively address the matter. Central to the concept is the devolution of political power from the federal government to state and local governments, to individuals and to non-government community and religious institutions.

Message to “defund Obamacare” resonated with Florida grassroots

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Jim DeMint speaks at the “Defund Obamacare” town hall tour in Tampa on August 21, 2013. Photo courtesy of Eve Edelheit, Tampa Bay Times staff.

Heritage Foundation President and former Senator Jim DeMint and Raphael Cruz, father of Senator Ted Cruz, came to Tampa, Florida to bring their message that now is the time to defund the Affordable Care Act. The Heritage Action for America sponsored event was over booked. Tampa was the third stop on a nine city tour. Over 850 signed up for the event, with only 550 seats available.

Raphael Cruz gave the invocation and was greeted with a standing ovation when he was introduced by Karen Jaroch, Tampa Regional Coordinator for Heritage Action, as the father of Senator Ted Cruz. Cruz ended the event with a stirring call to action.

Senator DeMint then took the stage to a standing ovation. DeMint looked over a packed house of diverse concerned citizens, who traveled from across the state of Florida. DeMint then said in his soft southern voice, “We had you wait in line to get into this event so you can get used to standing in line to get medical care under the Patient Protection and Affordable Care Act. With the over 550 people jammed into this hall you now know what your doctor’s waiting room will look like very soon.” These comments were like throwing raw meat to the grassroots activists in the audience.

Senator DeMint then went into detail on how the Affordable Care Act can be defunded. DeMint explained defunding Obamacare means attaching a legislative rider to a “must pass” bill (e.g. debt limit, annual spending bill or continuing resolution to fund the government) that 1) prohibits any funds from being spent on any activities to implement or enforce Obamacare; 2) rescinds any unspent balances that have already been appropriated for implementation; and 3) turns off the exchange subsidy and new Medicaid spending that are on auto-pilot.

DeMint was then joined by Mike Needham, Chief Executive Officer for Heritage Action for America, to answer questions. The issue of what is the urgency to defund Obama care now was raised. According to DeMint and Needham on January 1, 2014, Obamacare’s new main entitlements – the Medicaid expansion and the exchange subsidies – are scheduled to take effect. Open enrollment for both programs begins on October 1, 2013, at the start of the new fiscal year. According to the Congressional Budget Office (CBO), the federal government will spend $48 billion in 2014 and nearly $1.8 trillion through 2023 on these new entitlement programs. Also on January 1, Americans will be forced by their government to buy a product, health insurance, for the first time in history. Individuals and families who don’t comply will be penalized by tax penalties administered through the Internal Revenue Service (IRS).

One Floridian asked Senator DeMint isn’t is mean to not provide the funding for healthcare. Senator DeMint replied that it is mean for the President to promise Americans that they can keep their current insurance and doctors under Obamacare. It is mean for the President to say that health insurance premiums will go down $2,000 when in fact they will go up over $2,000 or more in some states. It is mean for the President to say everyone will receive better health care when we know from the experiences of Canada and England that socialized medicine leads to rationing and poor care, even to patients dying for lack of attention..

The question of some House Republicans supporting the repeal of Obamacare but not defunding it came up.

DeMint noted that some fear if they take a stand on Obamacare it will hurt them in the 2014 elections. He then pointed out that same tactic of “first do no harm” lost Republicans the US Senate and White House twice. DeMint noted that when he was in the Senate, and since he has become President of the Heritage Foundation, he experienced a Republican leadership that will “cut the legs out from under any who oppose them”.

DeMint said that Republicans took the House of Representatives in 2010 and retained the majority in 2012 on the promise of repealing Obamacare. Either Republicans keep their promise or go home and explain why they lied. DeMint noted that repealing Obamacare is not enough. The House has had numerous votes to repeal the law, but the chances of statutorily repealing the law decreased once President Obama won a second term. Those who oppose Obamacare, he said, cannot wait another three and a half years to ” begin dismantling Obamacare; they need to leverage current opportunities to defund using ‘must-pass’ spending bills.” DeMint said time and again, it is now or never.

The Tampa Bay Times PolitiFact blog took exception to four of the things Senator DeMint said during his presentation. However, DeMint’s message clearly resonated with the audience. The devil is always in the details.

ABOUT HERITAGE ACTION FOR AMERICA:

RELATED:

Congressman Mark Meadows : Letter Encouraging House Leadership to Defund Obamacare

Should We Delay or Defund Obamacare?

Did you know Florida’s highest paid public employee is a basketball coach?

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Ruben Fisher-Baum from DeadSpin.com reports, “You may have heard that the highest-paid employee in each state is usually the football coach at the largest state school. This is actually a gross mischaracterization: Sometimes it is the basketball coach. Based on data drawn from media reports and state salary databases, the ranks of the highest-paid active public employees include 27 football coaches, 13 basketball coaches, one hockey coach, and 10 dorks who aren’t even in charge of a team.”

For a larger view click on the map.

To view how much in revenues college sports in Florida generated in 2012 click here.

So are Florida’s hard-earned tax dollars paying these coaches?

According to Fischer-Baum, “Probably not. The bulk of this coaching money—especially at the big football schools—is paid out of the revenue that the teams generate.”

So what’s the problem then? These guys make tons of money for Florida schools; shouldn’t they be paid accordingly?

Fischer-Baum says there are at least three problems.

  1. Coaches don’t generate revenue on their own; you could make the exact same case for the student-athletes who actually play the game and score the points and fracture their legs.
  2. It can be tough to attribute this revenue directly to the performance of the head coach. In 2011-2012, Mack Brown was paid $5 million to lead a mediocre 8-5 Texas team to the Holiday Bowl. The team still generated $103.8 million in revenue, the most in college football. You don’t have to pay someone $5 million to make college football profitable in Texas.
  3. This revenue rarely makes its way back to the general funds of these universities. Looking at data from 2011-2012, athletic departments at 99 major schools lost an average of $5 million once you take out revenue generated from “student fees” and “university subsidies.” If you take out “contributions and donations”—some of which might have gone to the universities had they not been lavished on the athletic departments—this drops to an average loss of $17 million, with just one school (Army) in the black. All this football/basketball revenue is sucked up by coach and AD salaries, by administrative and facility costs, and by the athletic department’s non-revenue generating sports; it’s not like it’s going to microscopes and Bunsen burners.

Did you know that  471 University of Florida employees pulling down over $200,000 a year. UF has the most high-salaried employees of any state university in Florida, according to figures taken from state data for Spring 2013. In fact, 2,031 of its employees made at least $100,000.

Gov. Rick Scott’s office has expanded its public records website — floridahasarighttoknow.com — to include the $2.66 billion in salaries for more than 52,000 workers at Florida’s 11 universities.

To find the salary of any employee working for the state of Florida click here.

Florida Tenth Amendment Center launches petition to stop Common Core

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There is a growing movement at the state level to stop Common Core State Standards (CCSS) initiative. There is a new twist to the movement. The Florida Tenth Amendment Center (FLTAC) has launched county-level e-campaigns for local resolutions to stop CCSS.

FLTAC campaign links are listed by county at the bottom of this article.

FLTAC’s intent is to pressure all of Florida’s 67 county commissions to pass non binding resolutions against CCSS. One of the petitions was launched in Sarasota County, Florida.

According to the FLTAC website,  “This campaign is launched to demand a strong stand, however non binding and symbolic that might be, by the Sarasota county government in passing a resolution to stop Common Core Standards. Common Core is the latest effort by Washington to eliminate local control, i.e., parents and local government from exerting their rightful role over the education of the County’s public school children.”

The non binding Resolution reads as follows:

RESOLUTION OPPOSING “NATIONALIZED” COMMON CORE STANDARDS

WHEREAS, the Tenth Amendment to the US Constitution reserves the control of education to the States and the people; and is not an enumerated power delegated to the General government in Article I, Section 8 of the U.S. Constitution; and

WHEREAS, Florida Executive Branch officials committed this state to adopting common standards with a consortium of states through the Race to the Top grant created by the federal Executive Branch; and

WHEREAS, this participation required the State of Florida to adopt common standards in K-12 English language arts and mathematics (now known as the Common Core State Standards Initiative) and to commit to implementing the aligned assessments developed by a consortium of states with federal money, all without the consent of the people exercised through their Legislative Branch despite the fact that the people fund K-12 education with over $1 billion in state and local taxes each year; and

WHEREAS, adoption of Common Core obliterates Florida’s constitutional autonomy over the educational standards for Florida’s children in English language arts and mathematics because 100 percent of the Common Core standards must be delivered through Florida’s curriculum, yet the standards belong to unaccountable private interests in Washington, D.C.
which have copyright authority and do not allow any standards to be deleted or changed, but only allow Florida to add 15 percent to those standards; and

WHEREAS, this push to nationalize standards will inevitably lead to more centralization of education in violation of the Ninth and Tenth Amendments; removing education of Florida’s children from the government closest to them to unelected and unaccountable officials outside of Florida;

WHEREAS, both the Common Core standards and the PARCC tests will create new tax burdens to pay for enormous unfunded mandates on our state and our local school districts; and

WHEREAS, the Race to the Top grant conditions require the collection and sharing of massive amounts of student-level data through the PARCC agreement which violates student privacy;

THEREFORE, the County/City/Township of ___________ resolves that the legislature of the State of Florida should:

Withdraw Florida from the Common Core State Standards Initiative; Withdraw Florida from the PARCC consortium and its planned assessments for Florida’s students, and any other testing aligned with the Common Core standards;

Prohibit all state officials from entering into any agreements that cede any measure of control over Florida education to entities outside the state and ensure that all content standards as well as curriculum decisions supporting those standards are adopted through a transparent statewide and/or local process fully accountable to the citizens in every school district of Florida; and

Prohibit the collection, tracking, and sharing of personally identifiable student and teacher data except with schools or educational agencies within the state.

Be it further resolved that the Board of County Commissioners, County of SARASOTA, State of Florida, declare that a copy of this resolution be sent to the Governor of the State of Florida, the President of the Florida Senate, the Speaker of the Florida House and the sitting State representative(s) and State senator(s) who represent the people of SARASOTA County.

ABOUT THE FLORIDA TENTH AMENDMENT CENTER:

The Florida Tenth Amendment Center is not affiliated with any political party. FLTAC does not subscribe to any ideology but the Constitution as intended by the Framers and Ratifiers. This is the standard by which we measure all holders of public office, regardless of that person’s party affiliation. We believe very simply in the following: The Constitution. Every Issue, Every Time. No Exceptions, No Excuses.

FLTAC petition links listed by county:

Alachua County http://www.libertyactioncenter.com/campaign/51e418e8-e7a0-470b-877a-434032741282
Baker County http://www.libertyactioncenter.com/campaign/51e6a20b-4da0-4bb9-a89e-60b332741282
Bay County http://www.libertyactioncenter.com/campaign/51e6a32a-d588-450e-9b2e-6b8432741282
Bradford County http://www.libertyactioncenter.com/campaign/51e6a43a-974c-468c-b4bd-654632741282
Brevard County http://www.libertyactioncenter.com/campaign/51e6a5ae-ce9c-46a1-bccc-6ba532741282
Broward County http://www.libertyactioncenter.com/campaign/51e6a6fc-37c8-4299-bb21-6c0e32741282
Calhoun County http://www.libertyactioncenter.com/campaign/51e6a9af-f11c-428c-87f1-6c2a32741282
Charlotte County http://www.libertyactioncenter.com/campaign/51e6abbb-f7d8-469d-a711-6c9632741282
Citrus County http://www.libertyactioncenter.com/campaign/51e6acd2-e324-4c35-b91c-6cc832741282
Clay County http://www.libertyactioncenter.com/campaign/51e6af5e-f87c-4d66-81e2-6cfb32741282
Collier County http://www.libertyactioncenter.com/campaign/51e6b071-bf94-49da-97c3-6cc632741282
Columbia County http://www.libertyactioncenter.com/campaign/51e6b209-95dc-4172-97c8-6d7c32741282
DeSoto http://www.libertyactioncenter.com/campaign/51e6bb55-ef24-4db2-b9df-6f1b32741282
Dixie County http://www.libertyactioncenter.com/campaign/51e6bce7-7754-422c-822e-6f1e32741282
Duval County http://www.libertyactioncenter.com/campaign/51e6be18-0954-41c8-93a1-6f6b32741282
Escambia County http://www.libertyactioncenter.com/campaign/51e6beb8-31dc-4a6b-9241-6f1e32741282
Flagler County http://www.libertyactioncenter.com/campaign/51e6cf23-a984-4973-bacd-704232741282
Franklin County http://www.libertyactioncenter.com/campaign/51e6d045-b914-4d32-b2c0-724532741282
Gadsden County http://www.libertyactioncenter.com/campaign/51e6d101-91ec-427c-ae26-718532741282
Gilchrist County http://www.libertyactioncenter.com/campaign/51e6d246-05e8-4dce-be4d-726332741282
Glades County http://www.libertyactioncenter.com/campaign/51e6d51f-ae60-42d5-b95f-72a532741282
Gulf County http://www.libertyactioncenter.com/campaign/51e6f237-5e90-4c9b-baae-73c432741282
Hamilton County http://www.libertyactioncenter.com/campaign/51e6f307-fe70-484a-b798-759a32741282
Hardee County http://www.libertyactioncenter.com/campaign/51e6f5bb-a264-41d9-aff4-75fa32741282
Hendry County http://www.libertyactioncenter.com/campaign/51e6f669-1240-443c-919c-761632741282
Hernando County http://www.libertyactioncenter.com/campaign/51e6f716-709c-465e-adc3-762f32741282
Highlands County http://www.libertyactioncenter.com/campaign/51e6f7cd-e394-4e6b-8714-765332741282
Hillsborough County http://www.libertyactioncenter.com/campaign/51e6f87d-0018-4a54-a05d-765332741282
Holmes County http://www.libertyactioncenter.com/campaign/51e6f933-91d8-4136-abee-76a632741282
Indian River County http://www.libertyactioncenter.com/campaign/51e6fa71-59b4-4dd0-9989-762732741282
Jackson County http://www.libertyactioncenter.com/campaign/51e6fb37-ca7c-48f2-9370-72a532741282
Jefferson County http://www.libertyactioncenter.com/campaign/51e6fc18-faf4-4278-b7d6-773332741282
Lafayette County http://www.libertyactioncenter.com/campaign/51e6fcb2-8fc8-4300-ad42-776c32741282
Lake County http://www.libertyactioncenter.com/campaign/51e6fd39-01c4-4966-b68c-769e32741282
Lee County http://www.libertyactioncenter.com/campaign/51e6fe9a-b340-478a-b655-77e932741282
Leon County http://www.libertyactioncenter.com/campaign/51e71554-4170-42fa-9da2-795b32741282
Levy County http://www.libertyactioncenter.com/campaign/51e715ef-02e8-4b55-89c8-7ab832741282
Liberty County http://www.libertyactioncenter.com/campaign/51e7167f-adfc-4364-9594-7acd32741282
Madison County http://www.libertyactioncenter.com/campaign/51e71731-8210-493b-bd83-7aeb32741282
Manatee County http://www.libertyactioncenter.com/campaign/51e717e8-3418-4991-acf0-7b2632741282
Marion County http://www.libertyactioncenter.com/campaign/51e71881-be9c-4267-b169-7ad532741282
Martin County http://www.libertyactioncenter.com/campaign/51e7190d-20c4-43e4-97dc-7ad532741282
Miami-Dade County http://www.libertyactioncenter.com/campaign/51e71a62-b48c-4453-8e07-7af832741282
Monroe County http://www.libertyactioncenter.com/campaign/51e71b3d-38d8-4d63-b3b2-7b9632741282
Nassau County http://www.libertyactioncenter.com/campaign/51e71c0a-ae20-41c9-aad1-7b8632741282
Okaloosa County http://www.libertyactioncenter.com/campaign/51e71cd8-3e3c-4b1d-8d73-7b8632741282
Okeechobee County http://www.libertyactioncenter.com/campaign/51e71f5a-6950-4023-aa05-7be732741282
Orange County http://www.libertyactioncenter.com/campaign/51e72010-f780-4e78-8a51-7c6632741282
Osceola County http://www.libertyactioncenter.com/campaign/51e75c54-48e8-48e2-a4ee-016732741282
Palm Beach County http://www.libertyactioncenter.com/campaign/51e75d42-cc88-464b-be63-024332741282
Pasco County http://www.libertyactioncenter.com/campaign/51e75df8-8fc8-40bd-a4dc-024032741282
Pinellas County http://www.libertyactioncenter.com/campaign/51e75ec4-bd24-4222-8439-02d832741282
Polk County http://www.libertyactioncenter.com/campaign/51e75f5d-ae84-4cbf-8872-027c32741282
Putnam County http://www.libertyactioncenter.com/campaign/51e75fee-36b0-423a-a870-02d832741282
Santa Rosa County http://www.libertyactioncenter.com/campaign/51e7608c-8718-4237-85e0-023e32741282
Sarasota County http://www.libertyactioncenter.com/campaign/51e76127-7584-4b06-8424-025032741282
Seminole County http://www.libertyactioncenter.com/campaign/51e761a9-cda0-4f95-8905-03ad32741282
St Johns County http://www.libertyactioncenter.com/campaign/51e7622f-69fc-491f-ac52-041532741282
St Lucie County http://www.libertyactioncenter.com/campaign/51e762ca-c650-458e-a7db-041b32741282
Sumter County http://www.libertyactioncenter.com/campaign/51e763f2-d3c8-45a6-aa78-049032741282
Suwannee County http://www.libertyactioncenter.com/campaign/51e7648c-3fe4-47af-a4c2-04b232741282
Taylor County http://www.libertyactioncenter.com/campaign/51e76608-a710-437b-b154-04e232741282
Union County http://www.libertyactioncenter.com/campaign/51e76750-2e5c-47b7-ba40-04e132741282
Volusia County http://www.libertyactioncenter.com/campaign/51e7685b-70b0-43a5-a2f6-04e232741282
Wakulla County http://www.libertyactioncenter.com/campaign/51e7699b-af14-4044-8d43-04e132741282
Walton County http://www.libertyactioncenter.com/campaign/51e76a76-b410-40f1-b085-058332741282
Washington County http://www.libertyactioncenter.com/campaign/51e76b64-3210-4520-b289-05b532741282

 

How do Americans with jobs get to work?

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I have reported on the growing costs of running publicly funded transportation systems (buses, light rail, AMTRAK). Public bus systems rarely pay for themselves. Rather they are heavily subsidized by federal, state and local governments. For example, in Sarasota County, FL government runs two bus services and both are monopolies. SCAT is run by the County and the other run by Sarasota County School Board. Both are paid for by county property taxpayers.

NPR’s Shiva Koohi portrays in two simple charts how Americans who have jobs get to work.

Since 1960 American workers get to work primarily, and in ever increasing numbers, via private transportation. Use of public transportation has declined by over half since 1960, while use of private transportation has increased by 20% (see below charts). The use of bikes, taxis and walking by workers have all declined since 1960 and 1980. The number of those working at home has doubled since 1980 but remains a small number of total workers. Telecommuting has not yet caught on.

Click on the chart for a larger view.

Koohi reports, “More than ever, Americans are getting to work by driving alone. As the graph above shows, the share of Americans driving to work rose sharply in the second half of the 20th century, as the nation became more suburban. The rate has been flat for the past few decades — but during that time the percentage of people who carpool fell (even as carpool lanes proliferated).”

Koohi notes:

Today, only 5 percent of workers take public transportation, down from 11 percent in 1960; only 4 percent walk to work, down from 7 percent in 1960.

One surprising detail in the numbers: The share of workers who work at home is actually lower today than it was 50 years ago (4 percent today versus 7 percent in 1960). A 1998 Census report pointed to “the steep decline in the number of family farmers and the growing tendency of professionals, such as doctors and lawyers, to leave their home and join group practices resulted in a loss each decade of the number of at-home workers.” The share of people working at home has been rising for the past few decades, as telecommuting has become more popular, but the rise hasn’t been nearly enough to make up for the earlier decline.

In October, 2009 Catherine Rampell posted the below map on Economix. It shows the percentages of workers who drove to work alone by state and is based on U.S. Census data.

 

Richard Florida noted patterns in Rampell’s map. Florida reported:

Income and Economic Output: The richer the state, the less likely people were to drive alone. Driving alone was negatively correlated with state income levels (-.46) and output per capita (-.41).

Class and Human Capital: States with higher percentages of college graduates (-.47) and the creative class (-.43) were less likely to have people driving alone. Driving alone was much more likely in states with large working class concentrations (.62).

Professional and Creative Jobs: Driving alone was less likely in states with high concentrations of virtually every type of professional, knowledge-based and creative jobs. But it was least likely in states with large concentrations of artists, designers, and entertainers (-.63), architects and engineers (-.61), scientists (-.56 ), and lawyers (-.55).

Florida Federal Judge Bans Enforcement of HHS Mandate

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ANN ARBOR, MI – The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, announced that this past Monday, Federal District Court Judge Elizabeth A. Kovachevich of the Middle District of Florida granted its Motion for a Preliminary Injunction barring enforcement of the HHS Mandate.  The motion for a Preliminary Injunction was filed by TMLC on behalf of Plaintiffs Thomas R. Beckwith and his family’s company, Beckwith Electric.

The government claimed that once a business owner chooses to enter into the marketplace or incorporate his business, he surrenders his right to exercise his religious beliefs.

However, Judge Kovachevich’s 37-page decision which mentioned Thomas R. Beckwith’s unique family history—Beckwith’s ancestors arrived on the shores of America in 1626 to escape religious persecution from England — ended with a powerful statement on religious freedom:

 “The First Amendment, and its statutory corollary the RFRA, endow upon the citizens of the United States the unalienable right to exercise religion, and that right is not relinquished by efforts to engage in free enterprise under the corporate form. No legislative, executive, or judicial officer shall corrupt the Framers’ initial expression, through their enactment of laws, enforcement of those laws, or more importantly, their interpretation of those laws. And any action that debases, or cheapens, the intrinsic value of the tenet of religious tolerance that is entrenched in the Constitution cannot stand.” (Emphasis added)

Erin Mersino, TMLC’s lead attorney representing Beckwith, commented, “Tom Beckwith was fighting the Federal Government for the freedom to practice his Southern Baptist faith.  The HHS Mandate would have forced him to provide insurance coverage for abortion-inducing drugs in violation of his religious beliefs or face up to $6 million in annual penalties. Kovachevich’s ruling halts enforcement of the HHS mandate until a final decision is reached in this case.”

 Click here to read Judge Kovachevich’s entire opinion.

Judge Kovachevich’s ruling is the first injunction against the HHS Mandate granted in the State of Florida.  It also marks the twenty-second injunction against the HHS Mandate granted by Federal Courts on religious freedom grounds across the country. The Government is expected to appeal the ruling to the Eleventh Circuit Court of Appeals.

The Thomas More Law Center was assisted by local counsel Paul Pizzo and Scott Richards of the firm Fowler White Boggs, P.A. located in Tampa, Florida.

The Attorney General of the State of Florida filed a friend of the court brief in support of the Thomas More Law Center, as did several other Christian organizations, including the Ethics & Religious Liberty Commission of the Southern Baptist Convention.

ABOUT THE THOMAS MORE LAW CENTER:

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Melbourne, FL citizens outraged that red light cameras to be installed

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With all of the national attention on government surveillance into the personal lives of citizens one method is drawing fire from citizens – the use of red light cameras. Citizens of Melbourne, FL are now expressing outrage at the City Council of Melbourne’s plan to install red light cameras.

Barbara Langland-Orban, PhD, John T. Large, PhD, Etienne E. Pracht, PhD from the University of South Florida (USF) conducted a study on red light cameras in 2008. They updated their study in 2011. Langland-Orban, et. al. found that red light cameras (RLC) increase the number of accidents at intersections by 28%. WDW – FL reported on red light cameras here and here.

Scott Ellis, a resident of Melbourne, in an email to WDW – FL states, “There is no safety to this issue at all.  I have been driving the intersection of US 1 and Eau Gallie Boulevard for 40 years and never seen an accident, as well as hundreds of hours of campaigning at the intersection.  But rather than rely on analogy, I requested the study performed by the City of Melbourne used to justify the Red light cameras.  In the city study there is NOT ONE MENTION of accident statistics for this intersection.  NOTHING.  This is supposedly all about safety yet no accident data is part of the study?” [Emphasis added]

The subject line of Scott’s email is, “Government Camera Looters Coming to Eau Gallie.”

Scott wrote, “This is all about the money.  If it was about safety the accident records would be a factor.  It is all about revenue and traffic count, US 1 and Eau Gallie Boulevard being one of the highest traffic counts in the entire county.  The City Manager’s comments are so ludicrous one must question his sanity in believing the general public is as gullible as the City Council.  However, let’s take him at his word and have the City of Melbourne donate their $75 skim of every ticket to various charities around the city.” The USF study seems to bear Scott’s concerns out.

The Melbourne red light camera ticket fine of $158.  The receiver gets 60 days to pay from date of infraction, not date infraction notification is received.  The new law specifies if the receiver requests a hearing the hearing officer is a City of Melbourne appointed special master. If the ticket is not paid by mail to the city. The City turns the red light ticket into a regular Uniform Traffic Citation (UTC) and fine increases to $267.

A brochure was mailed out by Melbourne residents. It is similar to brochures used in Edgewood, FL, and Moline, Iowa. Residents noted that the brochure is the same as one provided by Gatso USA the camera vendor.

Cities and counties look at red light cameras as revenue generators. However, some are seeing revenues fall.

Robert Napper from the Tampa Bay Times reported, “The number of tickets generated by the [New Port Richey] city’s red light cameras has dropped dramatically, along with the number of crashes at some of those intersections. That’s the good news, city finance director Doug Haag told the City Council last week. The bad news, he said, is that the city faces an $800,000 shortfall this year in red light ticket revenue.

Napper found, “The city had expected the cameras, installed in July 2011, to generate $1.15 million this year. So far, the city has collected $162,189, and officials expect to finish the fiscal year with just $350,000 in ticket revenue — a 70 percent shortfall. ‘That’s the big elephant,’ Haag said.”

Scott included a letter from an unnamed visitor to Florida subject – “Who won’t be back anytime soon”:

To whom it may concern,

My name is X and I received a letter from a collection agency called Municipal Services Bureau (MSB). It is a collection letter on a traffic infraction ticket for $396.20 in Brevard County  I am verifying that this letter isn’t a scam and if not to figure on how/why I got a ticket. It confused me that the offense was supposed to happen in Florida but the letter is coming from Texas. I was in Port Canaveral area in August of 2012 on a business trip with the military during the time frame of a hurricane in the area.

I had a rental car. I never got pulled over or came in contact with any policemen to receive a ticket. If you could please provide me information on this or information who could answers these question.

Stay tuned, more government surveillance coming to a town near you!

Four Words to Watch in the Immigration Debate

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This column courtesy of the Heritage Foundation:

The Senate will begin debate on the Gang of Eight’s immigration proposal next week. Here are four words to watch out for as the Senators make their case—and warnings about what they might mean.

1. COST

“Cost” is one word that should come up in the immigration debate, because the Gang of Eight’s amnesty proposal has a cost that is simply too high for Americans to bear. Heritage analysis found that amnesty would cost taxpayers trillions of dollars.

Amnesty means that illegal immigrants become legal—and become eligible for Obamacare benefits, Social Security, welfare, and Medicare. But they won’t pay enough into the system in taxes to cover the cost of all these benefits, meaning the rest of the taxpayers will have to bear the burden. This simply isn’t fair to hard-working Americans.

2. BORDER

Despite claims of security—and talk of amending the bill—the Gang of Eight immigration bill doesn’t secure the border. Instead, it “delivers nothing new—other than the promise of spending a lot more money and running up our debt.” As James Carafano, Heritage’s E. W. Richardson Fellow, explains: “Amnesty immediately creates an incentive for illegal border crossings and overstays. Thus, the bill’s strategy would drive up the cost of securing the border.”

3. AMNESTY

Heritage President Jim DeMint has said that it’s a false choice for people to say that amnesty is necessary to immigration reform. Amnesty encourages more illegal immigration, and that is not what immigration reform is supposed to do.

Former Attorney General Ed Meese, Heritage’s Ronald Reagan Distinguished Fellow Emeritus, reminds us that America has tried this before, and it didn’t work:

Today they call it a “ road-map to citizenship.” Ronald Reagan called it “amnesty.” And he was right. The 1986 reform did not solve our immigration problem—in fact, the population of illegal immigrants has nearly quadrupled since that “comprehensive” bill.

4. “COMPREHENSIVE”

Beware the word “comprehensive.” As Meese notes above, the amnesty of 1986 was also called a “comprehensive” approach to immigration reform. It doesn’t work, and it’s not what we need. We need a separate, step-by-step approach to immigration reform. An approach that works—that the American people can trust—would start with reforming the legal immigration system and enforcing the security measures that are supposed to be in place.

Read the Morning Bell and more en Español every day at Heritage Libertad.

IRS favored HAMAS linked CAIR while targeting Iraq War Veteran who exposed them

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In a strange twist of fate, it appears that in 2009 the IRS targeted Iraq War veteran David Gaubatz who was involved in exposing the HAMAS front group Council on American Islamic Relations (CAIR). Based upon Gaubatz’s book Muslim Mafia: Inside the Secret World that’s Conspiring to Islamize America, Rep. Sue Myrick, R-N.C., and other congressional leaders asked the IRS to investigate CAIR. Gaubatz’s book called attention to CAIR’s missing IRS filings and foreign donations.

World Net Daily reports, “At the same time the Internal Revenue Service delayed or denied requests for tax-exempt status from hundreds of conservative non-profit groups, it was quietly restoring the tax-exempt status of an Islamist front group accused of collaborating with terrorists. Last year, the politicized agency reinstated the Washington-based Council on American-Islamic Relations’ tax-exempt status despite years of delinquent tax filings. CAIR officials had met with officials inside the White House before the decision was made.”

In an email to WDW Gaubatz states, “Once my book (Muslim Mafia) came out in 2009, I got a letter from the IRS for an audit. They wanted a copy of my book, info about the Center for Security Policy, World Net Daily, etc… and then slammed me with a $146,000 tax bill. I had always completed my taxes on time and paid what I owed. I had two accountants go through my tax info, and in actuality the IRS owed me, but I am too small to fight the govt. Now they take it out of my disability pension (from war in Iraq).”

Gaubatz notes, “Anna Prillaman (IRS Tax Compliance Officer from Richmond, VA office) was reviewing my book Muslim Mafia, and wanted to know exactly which mosques I visited in 2007 and 2008…The IRS insisted I list the individual mosques.” Prillaman gave Gaubatz 15 days to respond to the tax bill.

World Net Daily notes, “Though Democrat-connected CAIR did not officially endorse Obama, many of its staffers helped turn out the Muslim vote for his re-election. CAIR boasted that its own polling showed more than 85 percent of Muslim-Americans voted for Obama. In 2011, the IRS stripped the group’s national office of its nonprofit status for failure to file annual tax reports as required by federal law.”

“During the years CAIR failed to disclose its donors to the government, it solicited funds from Libya, Sudan and other terror-sponsoring foreign governments, according to ‘Muslim Mafia‘. CAIR is not registered as a foreign agent. CAIR repeatedly failed to file its annual disclosure report, IRS Form 990. CAIR blames a clerical error for the delinquency and claims to have completed the forms. However, several news organizations, including Politico.com and Gannett Co., have asked CAIR for the 2007-2010 documents, and CAIR has not been able to produce them,” states World Net Daily.

CAIR’s is an unindicted co-conspirator in the Holy Land Foundation terror-financing case, this failure to comply with federal disclosure laws is all the more troubling,” U.S. Rep. Frank Wolf, the co-chairman of the Congressional Human Rights Caucus, wrote the IRS in a separate request for investigation in 2011.

World Net Daily found:

CAIR’s terrorist ties run deep. The Justice Department lists it among U.S. front groups for Hamas, a Palestinian terrorist organization. And several CAIR officials have been convicted or deported on terrorism-related charges.

The FBI says that until suspicious ties between the leadership of CAIR and that of Hamas are resolved, it will no longer work with CAIR as a partner in counter-terrorism efforts.

Despite these red flags, the IRS in June 2012 sent CAIR-Foundation Inc. a letter stating the controversial nonprofit had regained its tax-exempt status as a 501(c)3. At the same time, the IRS demanded tea party and other patriot groups turn over donor rolls, membership lists and contacts with political figures, among other things, before the agency would consider granting tax-exempt status to them.

CAIR Foundation, which is listed at the same 453 New Jersey Ave. address as CAIR’s national headquarters in Washington, told the Washington Post that “all the paperwork issues have been resolved” concerning the organization.

However, WND has obtained CAIR-Foundation Inc.’s latest filing, and even this tax document is incomplete. It is a partial return for the calendar year 2011, covering only the period from Aug. 9, 2011, to Dec. 31, 2011. The final page of the return, in fact, requests an extension from the IRS.

“Additional time is required to obtain information necessary in filing a complete and accurate return,” states CAIR’s accountant Joey Musmar.

The filing says the organization solicited $3,964,990 in gifts, grants and other contributions that “were not tax deductible.” An annual fundraiser raised a net $106,879.

At the beginning of 2011, CAIR’s liabilities exceeded its assets by $940,279.

It also owed “CAIR Inc.” $722,261 for “charity consulting.” This amount is listed as a “loan.” CAIR Inc. is listed as a “C Corp.”

CAIR insists its tax returns for 2007-2010 exist. Yet it still won’t produce them, despite repeated requests. According to the IRS, nonprofits must make their tax returns available to the public upon request.

CAIR lists Todd Gallinger, director of chapter development, as its contact for such matters, at (202) 488-8787 and tgallinger@cair.com.

It’s not clear what, if anything, the IRS investigated concerning CAIR’s filings. The agency did not respond to requests for comment.

What Is The Debt Ceiling and why should I worry?

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[youtube]http://youtu.be/zVFFO64OAQ4[/youtube]

The following is from the Heritage Foundation:

A new video by Bankrupting America uses humor to call attention to an issue that is anything but funny, and why it matters for every American household.

Recent Heritage research reveals how the rising national debt hurts American families, including:

  • Higher interest rates on mortgages, car loans, and other loans make it more costly for families and businesses to borrow money.
  • Higher debt and higher interest rates mean more tax dollars must be used to pay the government’s interest expense, leaving less money available for other priorities like national security and making it harder to keep future taxes from rising.
  • Less economic growth means fewer jobs, lower wages and salaries, and fewer opportunities for career advancement.

Over the next few weeks, Members of Congress will be deciding what their priorities for spending reduction will be in connection with any vote to increase the debt ceiling sometime this fall. The debt ceiling vote likely presents an opportunity for real spending restraint this year.

Anyone following the shocking IRS scandal has fresh and frightening evidence of the dangers of a massive, over-reaching, highly intrusive federal government. This is yet another reason to cut spending: Washington has a problem respecting fiscal sense and citizens’ freedoms.

The first step to solving it? Shrink the monster down to size with real spending cuts.

It’s a goal many claim to work toward, yet few seem committed to achieving. Choices presented by the debt limit debate can force both parties to trim down the federal budget—if they don’t get sidetracked.

HOLDING THE LINE: There are refreshing examples of principled leadership among members of Congress committed to getting spending under control. Currently, Senators Rand Paul (R-KY), Ted Cruz (R-TX), and Mike Lee (R-UT) are working hard to prevent any backdoor effort to increase the debt limit without spending cuts.

Cruz_screenshotWhen it comes to holding the line on new spending, Senator Tom Coburn (R-OK) and five other Senators recently announced their intention to object to consideration of legislation that spends new money unless it also trims the federal budget in other areas. Their goal is to “no longer spend money we do not have to pay for programs we do not need.”

The secret to controlling spending: To get spending under control, you have to know where the dollars are spent.

Medicare, Medicaid and Social Security make up 45 percent of our national budget, as this recent chart shows. Millions of at-risk citizens depend on these programs, and Congress has yet to take the steps needed to reform and preserve them so they benefit those most in need and are affordable for current and future taxpayers.

To fix entitlements and get spending under control, only certain policy changes will make a difference. Key examples of transformative reforms are outlined generally in the landmark Saving the American Dream plan, and more specifically in “Six Bipartisan Entitlement Reforms to Solve the Real Fiscal Crisis.”

While members of Congress may be tempted to fold on the challenge of getting spending under control, now is the time that they as the leaders they were elected to be and deal with balancing the national budget in 10 years.

Read the Morning Bell and more en español every day at Heritage Libertad.

True The Vote files suit against the IRS

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True the Vote (TTV), the nation’s leading voters’ rights organization, filed suit in federal court in Washington today against the Internal Revenue Service (IRS), asking the Court to grant its long-awaited tax exempt status and seeking damages for the unlawful actions by the IRS in the processing of its application for exempt status. ActRight Legal Foundation, a 501(c)3 fundamental rights and public interest law firm represents True the Vote in the lawsuit.

“We’ve been waiting for three years to receive a decision from the IRS about our tax exempt status,” True the Vote President Catherine Engelbrecht said. “After answering hundreds of questions and producing thousands of documents, we’re done waiting. The IRS does not have the power to pocket veto our application. Federal law empowers groups like True the Vote to force a decision in court – which is precisely what we aim to do.”

“True the Vote is dedicated solely to promoting election integrity in our Republic,” Engelbrecht said.  “Our mission is to educate Americans on all of the rights they enjoy as voters. We do not pick winners and losers, but instead fortify the voting process so that it is fair and free. If this goal is deserving of such scrutiny, then we have serious questions that we, as a nation, must face,” she added.

Cleta Mitchell, counsel to True the Vote and of counsel to ActRight Legal Foundation, stated, “We are not going to allow the IRS to claim, as it has been doing in the past week, that the targeting of conservative groups is over and ‘everything has been fixed.’   It is not yet fixed and this litigation is a vital step both to resolve True the Vote’s status and to learn exactly what happened inside the IRS.”

True the Vote‘s lawsuit consists of three counts:

Count One:  Seeks recognition of True the Vote as a 501(c)3 tax exempt organization pursuant to  26 USC § 7428.

Count Two:  Seeks damages and injunctive relief from the IRS and IRS employees and agents, pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), for violation of True the Vote’s constitutional rights by virtue of the actions of the government in unlawfully targeting and delaying recognition of True the Vote’s exempt status.

Count Three:   Seeks damages and injunctive relief against the IRS and IRS employees, pursuant to 26 USC § 7431, for their unlawful intrusions into True the Vote’s activities by requiring the filing of voluminous materials with the IRS, then unlawfully inspecting and potentially disseminating the information.

“This is just the first of several cases ActRight Legal Foundation plans to file against the IRS and those within the agency who have violated the constitutional rights of these citizens’ organizations,” said Dr. John Eastman, Chairman of the Center for Constitutional Jurisprudence and of Counsel to ActRight Legal Foundation.
To read the complaint filed in the United States District Court for the District of Columbia, click here.

True The Vote 

(TTV) a nonpartisan, nonprofit grassroots organization focused on preserving election integrity is operated by citizens for citizens, to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

Voto Honesto 

(TTV) es una organización sin fines de lucro, no partidaria, enfocada en preservar la integridad en las elecciones y operada por ciudadanos para ciudadanos, ara inspirar y equipar a voluntarios para envolverse en cada una de las etapas del proceso electoral. TTT capacita a organizaciones e individuos a través de la nación para activamente proteger los derechos de los votantes legítimos, sin importar a que partido político perteneces. Para más información, por favor visite  www.votohonesto.org.

Rep. Tom Rooney (FL-17) co-sponsors HR-25, the Fair Tax Act

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Representative Tom Rooney (R – FL District 17)

Representative Tom Rooney (R – FL District 17) has now become the eleventh member of the Florida delegation to co-sponsor the Fair Tax Act (HR-25/S-13). Rep. Rooney represents South Central Florida including most of Hardee, Desoto, Highlands, Okeechobee and St. Lucie Counties. He sits is on the House Appropriations committee. A full list of House sponsors may be viewed by clicking here. Senator Saxby Chambliss (R-GA) is the sponsor of S-13 in the US Senate. Senate sponsors may be viewed here.

The IRS scandal has renewed interest in HR-25.

The Fair Tax Act is introduced, “To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States.” The Fair Tax Act states:

SEC. 2. CONGRESSIONAL FINDINGS.

2 (a) FINDINGS RELATING TO FEDERAL INCOME

3 TAX.—Congress finds the Federal income tax—

(1) retards economic growth and has reduced the standard of living of the American public;
(2) impedes the international competitiveness of 7 United States industry;
(3) reduces savings and investment in the United States by taxing income multiple times;
(4) slows the capital formation necessary for real wages to steadily increase;
(5) lowers productivity;
(6) imposes unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers;
(7) is unfair and inequitable;
(8) unnecessarily intrudes upon the privacy and civil rights of United States citizens;
(9) hides the true cost of government by embedding taxes in the costs of everything Americans buy;
(10) is not being complied with at satisfactory levels and therefore raises the tax burden on law abiding citizens; and
(11) impedes upward social mobility.

Members of both major political parties have stated that the IRS is a threat to freedom, fairness and economic opportunity. However, none have suggested the elimination of the 90,000 employee strong IRS. Many have voiced concerned that the IRS will expand its powers by being a key part of the implementation of the Affordable Healthcare Act, which is a national tax according to a recent US Supreme Court decision.

Rep. Vern Buchanan (FL-District 13) addresses the Congressional investigation:

Rep. Buchanan sits on the House Ways and Means Committee. He has not signed on as a co-sponsor of HR-25.

Disclaimer: The author sits on the Board of Directors of Fair Tax – Florida.

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